15 Years as Star - sorry about DWW

[Star*]

I guess this is getting more confusing for everyone.

Dances With Wolves - Is Star....really it's me. Or what is left of me.

Yesterday we met with the Public Defender. She's a petite, mousey, quiet little woman. Diploma on her wall says she's a recent graduate from the College of Charleston. I am hoping for our sake dynamite comes in small packages.

According to her - attempted burglary 2nd degree is a 15 year sentence. The solicitor wants a guilty plea or go to trial. If they go to trial it's Dudes word against the police who at best have a weak statement but add their suspicions to a business owner who wants to see someone from "That HOME" hang - and the kid who made up this whole dumb story and more than likely Dude is going to jail for 15 years.

It does not look good. Makes me want to run up there and just swear out a statement to the police that I SAW the 2 cops BREAK INTO my car - and then have them arrested because Apparently that and a corroborating witness are all you need to have a kid put away for 15 years.

Our state treasurer was recently found dealing, using cocaine and that jerk got 9 months and MORE time off if he gives names of other people that were in on the drug deal with him. Of course they flew him to NM for a post drug rehab stint.

-yet MY kid gets 15 years beause someone saw in in the neighborhood and another idiot signed a statement typed by the police??? And it's a lie?

I can't take this - I'm not doing well. I feel like all the justice in the world is gone. Hell - the kid down the street robbed an elderly man at gunpoint with 4 other boys and his sentence is 12 years......WTH?

 

[Hound dog]

Star

I realized you were DWW right away. You are you under any name. If that make sense.

I'm on the same level with you about justice. I think it went that-a-way while someone wasn't looking. Sentences handed down are either a joke or over the top. They can't seem to make up their minds. And it doesn't seem like their even too darn careful that they at least have the right person anymore.

Last night Travis walked to the gas station to buy a pop. Cops stopped him because he was a "suspicious" character. Why? Because he was wearing a baggy shirt. This is not the first time by far. Travis got so irritated that he asked one of the cops if it was now against the law to walk after dark to buy a pop? And what did it matter if he was wearing a baggy shirt? Cop didn't answer. Didin't apologize either.

If it does go to trial hopefully the jury will be smart enough to figure out their "evidence" is at best only circumstantial. Personally, I wouldn't even consider it that. Hmmmm, maybe that's why I've yet to be picked for jury duty. lol

Still keeping you and Dude in my prayers.

((hugs))

 

[Abbey]

It's interesting how they come up with jail time. J was supposed to get life this last time, yet served 3 years and barely is checked up on by his PO. Can you say REPEAT OFFENDER in the near future? No support...nothing.

I hope you get some help. Don't know how that will happen because laws / support are different from state to state. I'm shaking my head at 15 years for 'attempted' burglary.

Abbey

 

[MrsMcNear46]

Star-

So sorry to hear what the possiblities could be. I will continue to pray that REAL justice will be served and Dude won't come out on the wrong end.

Stay strong my friend.

Blessings,

Mrs. McNear

 

[skeeter]

Star - I'm sure you've checked, but is there any kind of advocatecy group in your area? husband is member of Court Watch here, who purpose is to follow cases of someone that lives in our area and commits a crime, or someone who commits a crime in our area. But he spends as much time trying to get appropriate help for the accused as he does having input on community control conditions, etc.
Our jail is full, so it takes some really bad crimes to get put away for any real length of time. But we also do NOT have the appropriate psychological services needed to keep some out of jail. We've come to the conclusion that jail is ONLY to protect society (no rehab, no punishment) and if someone is not a real menace to society, they don't belong in jail.
Do you know yet who Dude's judge will be? Can you talk to the prosecutor at all? Sometimes knowing and talking to these people can help - really depends on the judge.

I'll keep you and Dude in my thoughts and prayers.....

 

[PonyGirl]

I am in complete agreement with the fact the "Justice System" is the worst misnomer ever in the whole wide world.

I always wished there was a way that I could 'affect a positive change', that I could be a catalyst, that I could make a difference. But I was always so bogged down in my own pain and anger that I could never see a way. And now.......I'm so weary of that whole courthouse scene and cops and lawyers and judges I just want to puke at the thought of taking up a torch.

I am so sorry for your situation Star my friend. I am sincerely sad to think of poor Dude taking the stupid rap for 15 years. It's just idiocy. Or however the heck it's spelled. (It is like that of an idiot)

When is the court date? Or hearing or deadline, or whatever? And may I ask, how long ago did this alleged offence take place?

Thinking of you and sending lots of ((((HUGS))))

Peace

 

[standswithcourage]

Star I had a feeling it was you too! I love Dances with Wolves. Are you sure that is a possiblily? I wouldnt jump to conclusions just yet. Usually it seems much worse than it really is. Do you have a court date and will he be going to the place in SC that I know? You can PM me. Barbara has gotten through. thinking of you

 

[hearts and roses]

{{{Star}}} I have no experience with this whatsoever. I like the idea of contacting an advocacy group if there is one. I know there is a victim's advocacy group here - perhaps you can contact them and they can point you in the right direction?

Sending continued thoughts, prayers and positive vibes.

 

[susiestar]

Star,

I am so very sorry! This is just wrong. I wish I knew of some way to help. You and Dude and DF are in my thoughts and prayers!

Hugs,

Susie

 

[Shari]

So where are the experts telling us swift and brief punishments are the only way our kids learn? 15 years 2 years after it happened? Whatever. Bad enough they do it to adults.
I'm sorry, Star. Hang in there. Saying a prayer for Dude

 

[Star*]

Shari,

This happened 2 months ago.

Okay here's what I don't get -

WHY when you tell EVERYONE that there are NOW placements in place that should have been there because we already KNOW that this kid is a risk - why does NOT A SINGLE PERSON say 'Well that's what we want to hear." I mean - WHY make a 17 year old go to prison for 15 years when the placements that should have been in place during the "alleged" crime were not - and supervision was lacking and the man.....ohhhrrrreeeeeee..

They did shut that group home down. I'm thinking fine. But get this - he painted a few walls, bought some new beds, cleaned the floor, had the septic tank emptied and now he's re-opening in a month. After his license review.

I mean to tell you I will be watching that place like a hawk. I can NOT belive that he allowed all that stuff to happen to dude - I report it and then - oh-----Well clean up your act and you can re open.

I finally called Animal control today too - the donkey died of starvation. The calves are knee deep in nothing but their own feces and urine. The water they did have for 2 beef calves was full of feces and a little water. My thought - WOULD YOU DRINK THAT And there was fumes coming so bad from the 10x10 area that my eyes burnt being 5' away from them. Inhumane - and this man wants to house more children?

The young man of 20 who told all these lies to begin with on Dude - abandoned a dog three days ago - and left no food, water or shelter for it. AND it is a bag of bones. I told them he needs to be held accountable as 1.) dogs were NOT allowed. 2.) He knew the place was closing BEFORE he got the dog and left it when he moved. 3.) You don't just cut a dog loose with no shots, no food etc. Shameful.

The goat has a 20 lb 2 ft. chain tied around it's neck and it nearly died from starvation - until they let it off the 2 foot chain. The boys said it stumbled and fell and got up and repeated this until it got to the pond for a drink - had been tied up over a week in all kinds of weather with no shelter, food or water on a 2 ft. 20lb chain.

=the owner burried the donkey before anyone realized he was gone 4 days later.

Someone, Somewhere has got to make this man accountable. And apparently in the state of South Carolina children are not important. Maybe he'll get fined for the cows? He sure didn't get fined for the kids. He just made them move out.

Nice - and still - my son is looking at jail time?

I think the Public Defender he got better get cracking - she wants all his medical records to base a possible plea on. I told her we do NOT want to plea. He didn't do anything. He's not guilty. And I'm not having this be a 2nd strike = then only 1 more strike and he's away for life?

Why is burglary SO MUCH MORE hard of a crime than murder or robbery? I do not get it.

And they made SURE the last time that at 16 - he stayed in jail and was seen as an adult at 17. Now they are trying to postpone this until well after he is 18. November???? come on.

Thanks all - I can't find any statutes for attempted burglary in the 2nd. But the whole thing is just redundant. If the law is to punish - and educate to put people back into society - then we did that by sending him to that group home and the group home failed.....they knew Dude would roam. We told them that. ARGH. And the fact that he was NOT involved and this other boy just made up a story to get out of jail - and now the cops statement says "I observed the two boys attempting to get into the building." -

Well sherlock - If you SAW them - and watched them - WHY didn't you stop them? Even the attorney said there are a lot of holes in his statement and how close the illiterate boys statement is.

Dude asked for a comparative statement to be written out or spoken out by the boy who claims he has an 11th grade education. Dude said to his PD - MAKE HIM PROVE IT. Because he can just barely sign his name - and if you listen to him talk - he's an idiot and a liar. And I don't mean to be ugly maa'm but the boy is not educated at all.

Where did he get this comaprative statment? And why should my son have to tell me it will be what it is- no sense in worrying, and Momma - just pray.

Sometimes I'm so humbled.

-they want records of mental illness? I GOT RECORDS!!!!!

 

[Coookie]

Star,

I know nothing about the judicial system (knocking on wood) but my heart is hurting so bad for you and dude. I am a praying person and you all are at the top of my list now.

It makes absolutely no sense at all to me.

Sending many hugs.

 

[Shari]

Sorry, I meant 2 months, not 2 years. However, statement is still the same.

Its all bogus to me. You're right, the group home failed him. And dude's looking at taking the rap. Its all wrong.

 

[Mikey]

Star, I don't really know what to say. The system is broken, and functions by the Golden Rule ("If you have the gold, you don't have to follow the rules"). It's not fair, and I've had to come to grips with it.

Like I said in a previous post, my 'bro was charged as a police officer with pocketing some jewelry while investigating a burglar alarm report. It was never proven (i.e. no evidence), only the alarm monitoring company testifying that they have motion sensors showing him moving through the rooms where the jewelry was missing.

Uh, he was a COP investigating a BURGLAR ALARM, and he was CHECKING THE HOUSE FOR THE BURGLAR. Does it make sense that he would be in the room where the jewelry was?

Well, to make a long story short, he was tossed off the force, and the Chief wanted to make an example of him on how "bad cops" were dealt with (can you say "I'm running for Sheriff next year and need the PR"?). No proof, and yet he was convicted of four felonies (and two subsequent drug charges after he was jobless and nearly homeless awaiting trial). He got 17 years for what was essentially a non-violent theft (if you believe he did it).

Now, here's the kicker: the judge that tried him, and sentenced him, is a KNOWN DRUNK, and known to be intoxicated while on the bench. Also, both of his sons were arrested for ARMED ROBBERY, caught on camera in the act, and only received 9 months in jail with 4 years of probation. Talk about the Golden Rule....

And it goes on. 'Bro was charged with two counts of theft, and two counts of malfeasance in office (since each theft occurred while "on the job"). Unfortunately, that's double jeopardy because he's being charged twice for the same crime, and his sentence was based on four felony charges. The appeals court didn't worry about the double jeopardy (at first), but ordered the judge to re-sentence him because he went WAY outside the sentencing guidelines.

So the judged did exactly that - he resentenced 'bro to the exact same sentence as before! Second time around to the Appeals court, they vacated the malfeasance charges, and ordered the judge to resentence on the remaining felonies within guidelines. By this time, 'bro had been in jail for over 5 years, and when it was all over got out only two months after the second Appeals court ruling.

Judge Drunkard's sons, however, had already done their "hard time", been out for 4 years, and had their records sealed - even though they had stuck a gun in someone's face, stolen their wallet and jewlery, and then pistol-whipped the victim!

Yes, there are good judges and workers in the system. But the system is broken none-the-less when these things happen. I don't know what to say, other than to commiserate with you. I just wish there was some way for our kids to understand how broken the system is, and how unfairly they could be treated if they went the wrong way.

Spitting acid right along with you and the others,
Mikey

 

[meowbunny]

Star, you're not going to like this, but LET THE PAST GO. Do a concise, clear, non-emotional letter about what was supposed to happen when Dude got the first sentence and what, in fact, did happen. Do not put in rumors, anything Dude or another person told, only what you know to be fact -- what you saw in the house, what the group parent told you directly, what a police or probation officer told you occurred with regard to Dude. Dates where possible, but just the facts, ma'am. Do bring up the condition of the house when you saw it, the fact Dude and his friend just arrived at your house without knowledge or permission because of those conditions, the fact your son was injured (twice) due to an apparent lack of supervision. Do mention that Dude was supposed to go to school but did not do so, although it was a responsibility of the group home to insure he did in fact go. Unless you can prove by other sources, do not bring up that he had to pay for transportation, etc. Also mention in the letter what is happening now -- that he is going to school, is helping around the home, etc. Ask his new foster parents to write a letter as well.

Make sure this letter becomes part of the court file -- if the PD won't do a motion to enter it, send it the original to the court clerk for filing, cc the judge, the DA, the PD and the judge's clerk.

The less emotion you show, the more willing the judge is going to be willing to listen. It won't just be a mother trying to keep her son out of a jail, it will be a concerned parent asking for help -- there's a HUGE difference in a judge's eye.

These letters won't mean much at the trial but if it does come down to plea bargaining or sentencing, it will make a huge difference. So will letters from therapists and other professionals. As the saying goes, hope for the best, prepare for the worst.

What did the PD say when you said no plea because he is innocent? Did she explain how little innocence matters for "justice" to prevail? Did she anything about the lack of evidence? The fact the police are claiming they saw two kids breaking in is pretty damning in a juror's eyes. In all likelihood, Dude's attorney is going to have to get the other kid to admit he didn't make the statement or, if he did, it really wasn't Dude with him.

Is there any chance the DA will drop the charges? If you can get the other kid to recant, he may. That's probably your best hope.

I hate that you and Dude are going through this. It is absolutely ridiculous that he be looking at 15 years for something so petty. TANJIT!!!! (There Ain't No Justice In This World)

 

[Suz]

I don't know what to say..........other than I'm glad you are Star again...............and I'm sorry. I'm so very sorry.

Big hugs,
Suz

 

[Abbey]

But the whole thing is just redundant. If the law is to punish - and educate to put people back into society -

That IS the problem. Everyone 'thinks' that is what is going on, but it doesn't. There are few plans to put people back into society as a functional person. Jails/prisons are for the most part just a factory. Get them in...get them out. Done deal.

I hope things work out with Dude. I just have this gut feeling that they couldn't give him that kind of time even IF he was involved.

Abbey